Breach of trust by public officer
R. v. James
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Craig Harley James, former Clerk of the Legislative Assembly of British Columbia, was found guilty after trial of breach of trust by a public officer for three false clothing reimbursement claims in 2018 totalling $1,886.72. The Crown sought approximately one year of imprisonment and did not oppose a conditional sentence; the defence sought a conditional discharge. Associate Chief Justice Holmes imposed a three-month conditional sentence with restitution, finding that a discharge would not adequately denounce the conduct or deter others.
In the judge's words
1Even taking account of the collateral consequences Mr. James has suffered, including the extensive and negative media coverage, and taking account also of the other mitigating circumstances, I find that a conditional discharge would not adequately denounce the conduct or deter others from similar conduct.
The record
- Convicted of
- Breach of trust by public officer (CC 122)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: D.G. Butcher, Q.C., B. Martland, Q.C.
Defence: K. Westell, G. Cameron
Sources
- R. v. James, 2022 BCSC 1355 Court decision, CanLII, July 8, 2022
[4] … The defence submits that a conditional discharge with community service would be a fit, proportional, and appropriate disposition in all the circumstances.
[10] … For this offence (under s. 122 of the Criminal Code) the maximum penalty is five years' imprisonment, and there is no minimum penalty.
[1] THE COURT: I found Mr. James guilty of breach of trust as a public official, contrary to s. 122 of the Criminal Code, in respect of conduct while he served as Clerk of the House for the Legislative Assembly of BC, a position akin to chief executive officer for that body.
[34] Mr. James has no criminal record of any type.
[47] … Even taking account of the collateral consequences Mr. James has suffered, including the extensive and negative media coverage, and taking account also of the other mitigating circumstances, I find that a conditional discharge would not adequately denounce the conduct or deter others from similar conduct.
[52] I sentence you to imprisonment for a period of three months, to be served in the community by way of a conditional sentence order.
- R. v. James, 2022 BCSC 1355 Court decision, Courts of British Columbia